Please ensure Javascript is enabled for purposes of website accessibility


Criminal law — Sufficiency of the evidence — Possession of a firearm

Appellant, Kevin Smith, was charged by the State with being a prohibited person in possession of a firearm.  On May 6, 7, and 8, 2015, a jury trial was held in the Circuit Court for Baltimore City. At trial, the circuit court granted Smith’s motion for judgment of acquittal as to the charge of being a prohibited person in possession of ammunition. The jury then convicted Smith of the remaining count of being a prohibited person in possession of regulated firearm. On July 17, 2015, Smith was sentenced to 15 years, with all but 12 years suspended and the first five without parole, and four years’ probation.

Smith presents the following questions for our review: 1. Did the trial court err by instructing the jurors that they could consider Mr. Smith’s prior conviction in determining guilt or innocence? 2. Was the evidence insufficient to convict Mr. Smith of possession [of] a firearm?

Read the opinion here: